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Introduction to the Law of
the European Union
Iveta Rohová
David Sehnálek

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Information on the course
̶Lectures every 2 weeks, attendance is not compulsory, but expected
̶Completion of the subject:
1.seminar paper presented orally on last two lectures. Topic:  Your country and the EU (from the
legal point of view - case-law, treaties, trade relations etc.)
2.written colloquium (multiple-choice test)
̶Literature:
̶Any at your convenience (visit our library)
̶Some of the English textbooks are available at the library - our favorite are:
•Trevor Hartley: The Foundations of European Union Law. 8th ed. Oxford: Oxford Uni Press, 2014.
•Robert Schütze: European Union Law. 2nd ed. Cambridge: Cambridge Uni Press, 2018.

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Introduction – what is the “law”?
̶The term is usually understood as “national law” or a “domestic law”
̶What does the theory of law say about the term “law”?
̶The law is therefore a normative system and not the only one, can you mention some other NS?
̶What makes law different?
̶What is the general purpose of law?
̶Who creates the law?
̶To whom does the law apply?
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̶

Lets start with general issues and easy questions, lets do a small review of your knowledge in
order to help students of other than law faculties to understand our subject.  My first question is
/ what is the law?
What is the law?  According to the theory of law the law is a system of rules created by a state or
its institutions and enforced by it and the education of law is mostly focused on this particular
part of law.
Law is not the only system of rules that we use in a society. Do you know some other systém of
rules that affect our lifes in the society? Moral rules for example, religious norms, custom and
other.
What makes law different from other NS??
The thing that makes law different from other normative systems is the fact that it is enforced by
the state even by a force, no other normative system has such character, the sanctions they use are
usually softer – can someone give us any example?
What is the general purpose of law?
The purpose of law is to ensure the peaceful functioning of the society on one side and its
reproduction on the other
Who creates the law?
It is the state who can create the law / state has the power to set the binding rules, to organize
the system which we call the society. The law thus regulates all legal relations within a state as
well as relations among individualse that concern two or more states.
To whom does the law apply?
The law created by states applies to all subjects within its territory – both to individuals and
legal persons, their nationality is not relevant. And we musnt forget that law is binding also on
the state itself and its institutions.
The main principle of law from this point of view is a principle of subordination. We, induviduals
have to obey what the state says thru the rules, the law it creates.

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Law (national) - characteristics
̶According to the theory of law the law is a system of rules created by a state or its institutions
and enforced by it
̶The key characteristic of law therefore is its enforceability!
̶Who does enforce the law? – only the respective state!
̶Generally every state has its own law
̶This state law has a territorial character (principle of territoriality)
̶Principle of subordination
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Law is not only a domestic law…
̶Relations among states must be regulated as well which brings us to à international (public) law
(IL)
̶International public law is often confused with private international law (PIL) - what is the
difference?
̶The third known system of law is European Union (formerly European Community / EC) law
̶

Law is often understood too narrowly as the equivalent of the state law. This law is often called
as the Municipal law or the national, domestic, or internal law of a sovereign state. Municipal law
includes not only law at the national level, but law at the state, provincial, territorial,
regional or local levels.  Such division is in practice internal matter of each state.
There are however certain relations that cannot be regulated by municipal law, since they exceed
the internal dimension of ONE state. Since the municipal law is insufficient, there is a strong
need for other system of law. The law which is called international public law.
So, whereas the domestic law concerns legal relations within a state and its society, public
international law concerns relationships between sovereign states.
There is however one tricky or rather confusing issue. The International public law is often
confused with international private law - what is the difference?
IPL – concerns in which jurisdiction a legal dispute between private parties should be heard in and
which jurisdiction's law should be applied. International private law does not have a real
international character as it is a part of a domestic law.
The third known system of law is European Union (Community) law. In other words the law which has
been created by the European Union.  We know it also under the term European law, EU Law etc.
European Union law is the first and, so far, the only example of a supranational legal framework
created by an international organization. And I will explain this later.

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Structure of a domestic law
̶Vertical structure:
̶Law is not a system of norms of equal level
̶Legal order has a hierarchic structure
̶There are several levels of legal norms according to their legal force
̶What is the hierarchical structure of your legal order?
̶Horizontal structure:
̶Private vs. public law
̶Name the basic legal disciplines according to this division!
̶
̶Please keep it in mind – and compare with the structure of IL / EU law …
̶

As you already know domestic law is vertically and horizontally structured.
If we look at its  vertical structure, we can see that the domestic law is not a system of norms of
equal level but the legal order has a hierarchic structure. There are several levels of legal norms
according to their legal force. This contributes to the organization of the legal systems and
solves conflicts that may appear if the norms are different.
In addition to that the law has also a horizontal structure. The most common and the most general
distinction in this respect is between the private and public law. Name the basic legal disciplines
according to this division.
This may seem easy I know that it is nothing new for you, however we need to remind and emphasize
these basic knowledge in order to better understand the differences between the domestic and
international as well as European law.
If I shall conclude this part, we can can see the domestic law is a complex system that cover
majority of relations that exist in a society. It affects almost every aspect of our lives.

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Principle of subordination
̶Relates to who creates the law, for what reason / purpose, to whom is it addressed
̶Who is an individual?
̶What describes the relation between individuals?
̶How would you describe the relationship between an individual and a state (from the legal point of
view)?
̶And what is the position of a state within the domestic law?

Well, lets think about the domestic law in its functioning and its effect on individuals. We must
distinguish between the relations among individuals on one side and between the state and
individuals on the other side.
 What character does have the relation among individuals? Are they equal or not?
What character does have the relation between an individual and a state (from the legal point of
view)?
And what about the state and domestic law – what is its position?
The law is of course binding on the state as well. It must comply with its own legal norms and in
democratic states there are some legal norms which even the state itself cannot change / where can
we find them / in the constitution or in the Charter of fundamental right, these are the norms
which constitutes the material core of the constitution.
Who in fact is an individual and who is a subject of domestic law?

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International (public) law - IL
̶States together constitute the international community
̶Relations among states shall be regulated as well
̶National law cannot apply to the international community!
̶Why?
̶Purpose of IL
̶Who creates IL? Who is the addressee ?
̶Who enforces IL?

As we have mentioned already…. Relations among states are regulated by law as well. The system in
which such relations exists is however not called as the society, but the “international community”
Who is the subject of the international law? States, Holy See and international organizations. To a
lesser degree, international law also may affect individuals especially in the area of war crimes
and human rights. In general, an individual is not a subject of intl. law. Thus, this system of law
cannot directly impose any obligation or create rights of individuals. If it does so, only thru its
incorporation by the domestic law.
State is the highest authority and among themselves states are equal. As there is no higher
authority than states the IPL must be enforced by states themselves, principle of subordination
does not apply in case of the law which is a great difference from national law.
Since international public law exists in a legal environment without any supreme sovereign, its
enforcement is very different than that of the domestic law. Violations are usually solved through
diplomatic and the variety of sanctions is limited. In addition to that, sanctions are less
effective. The whole system is less effective. Many violations of international law obligations are
just overlooked. Some authors refer to IPL as to the anarchic system, which is not true, but very
close. In anarchy, there are no rules. The IPL is a law and consist of rules, sometimes it is only
hard to enforce them.
As to the relation - both systems as independent and autonomous. The relation between them is set
by national law. In the Czech Republic / it is the Art. 10 of the Constitution. What does this
provision say about IPL?

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Scope and purpose of IL
̶Deals with:
̶What a state is, characteristics
̶state immunity
̶the acquisition of territory
̶legal responsibility of states
̶Relations among states (political, economical,…)
̶International agreements and conventions
̶Individuals and their treatment within (other than home) states
Protection of fundamental rights and freedoms of individuals
̶War conditions
̶International crimes
̶Global environment
̶Foreign investments
̶….

consists of rules and principles of general application dealing with the conduct of states and of
intergovernmental organizations and with their relations inter se.
Public international law establishes the framework and the criteria for identifying states as the
principal actors in the international legal system. As the existence of a state presupposes control
and jurisdiction over territory, international law deals with the acquisition of territory, state
immunity and the legal responsibility of states in their conduct with each other. International law
is similarly concerned with the treatment of individuals within state boundaries.
Even when the law is not able to stop the outbreak of war, it has developed principles to govern
the conduct of hostilities and the treatment of prisoners.
International law is also used to govern issues relating to the global environment, the global
commons such as international waters and outer space, global communications, and world trade.

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What is the relation between the IL and DL?
How/where is it defined?
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Czech Constitution and IPL
̶Art. 1: The Czech Republic shall observe its obligations under international law.
̶Art. 10: Promulgated international agreements, the ratification of which has been approved by the
Parliament and which are binding on the Czech Republic, shall constitute a part of the legal order;
should an international agreement make provision contrary to a law, the international agreement
shall be applied.

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Sources and Structure of the IL
̶Unlike the domestic law the IPL is horizontal in its structure
(no hierarchy of norms/sources)
̶Sources of IL:
̶International treaties
̶Customs
̶General principles of law
̶

We have already mentioned that municipal law is hierarchical and vertical in its structure. When it
comes to horizontal structe, we can see that there is not a real difference. The are of interest
may be different, but it is apparent that the :life: of international community is pretty much
complexly regulated.
Public international law has three primary sources: international treaties, custom, general
principles of law. International treaty law comprises obligations states expressly and voluntarily
accept between themselves in treaties. Customary international law is derived from the consistent
practice of States accompanied by opinio juris, i.e. the conviction of States that the consistent
practice is required by a legal obligation. These treaties and customs may be categorized accorind
to the criterion of speciality, however, we cannont identify any clear vertical structure as we
have in domestic law. The criterion of legal force pretty much does not have any place in IPL.
There is another significant difference between the two which is related to principles of
subordination. We can understand this principle in then meaning that a state as a legislature
enacts binding legislation since it is a supreme power in a certain territory.  All other beings
have to obey and are thus in a subordinate position. Contrary, international law is horizontal in
nature. This means that all states are sovereign and theoretically equal. As a result of the notion
of sovereignty, the value and authority of international law is mostly dependent upon the voluntary
participation of states in its formulation, observance, and enforcement. Instead of principle of
subordination another principle applies – the principle of coordination.

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International organization
̶A forum where representatives of states can meet and negotiate
̶means of permanent (continuous) cooperation within a defined area, but not integration
̶Form of cooperation: intergovernmental
̶Examples ?

This principle help us explain functioning of intl. organizations.
A forum where states can meet and negotiate, participation and membership is voluntary, the cannot
act against their member states and regulate internal domestic matters but only relations among
states.
A mean of permanent (continuous)  cooperation but not integration

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European Union Law
̶Unique system of law, different from IL, as well as DL
̶The origin dates back to 1950s (next lecture on history of Eu.integration)
̶Characteristics: partly IL, partly domestic law
̶Horizontal and vertical in its structure
̶Individuals – subjects and direct addressees (x IL!)
̶Unlike the domestice law, the EU law does not have complex regulatory character in the society
(bread with raisins)
̶

EU is not intergovernmental but supranational international organization.
The difference between the EU and other international organizations is in the fact that only the EU
is superior to its member states and have certain powers against them. It is because the member
states transferred some of their powers to the EU. In these areas where the competences were
transferred it is the EU who has power to decide and legislate. Its decisions are binding on member
states as well as on individuals. It is Brussels who decides, not Prague, Berlin or Paris.
Member states of the EU are therefore not fully sovereign and they are also not equal as the number
of their votes in EU institutions is different. Bigger states have bigger influence.
Principle of subordination
Limited scope - only those areas of law which are somehow related to the functioning of internal
market and related politics are regulated. In addition to that, the regulation often is not
complex, only certain pieces of legislation were adopted by the EU in areas that are somehow
problematic whe it comes to trade with goods and services. The majority of regulation remains the
domain of Member states.
The EU law resembles both the IPL and domestic law. The basics parametrs of functioning of the EU
are set in intl. Treaties, these treaties whowever enable the EU to adopt its own legislation. This
makes EU unique among intl. Organizations. This makes t similar to states. Thus the law adopted by
the EU rembles the domestic law. It has also lower legal power than the treaties, which is another
similarity with domestic law.